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H. B. No. 286 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Sears, Letson
Cosponsors:
Representatives Grossman, Curtin, Brenner, Smith, Becker, Hackett, Gonzales, Driehaus, Blair, Reece, Barborak, Slesnick, Ruhl, Phillips, Sheehy, Brown, Carney, Antonio, Bishoff, Johnson, Ramos
A BILL
To amend section 5123.35 of the Revised Code to
authorize the Ohio Developmental Disabilities
Council to meet via interactive video conference
or teleconference.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5123.35 of the Revised Code be
amended to read as follows:
Sec. 5123.35. (A) There is hereby created the Ohio
developmental disabilities council, which shall serve as an
advocate for all persons with developmental disabilities. The
council shall act in accordance with the "Developmental
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the
members of the council in accordance with 42 U.S.C. 6024.
(B) The Ohio developmental disabilities council shall develop
the state plan required by federal law as a condition of receiving
federal assistance under 42 U.S.C. 6021 to 6030. The department of
developmental disabilities, as the state agency selected by the
governor for purposes of receiving the federal assistance, shall
receive, account for, and disburse funds based on the state plan
and shall provide assurances and other administrative support
services required as a condition of receiving the federal
assistance.
(C) The federal funds may be disbursed through grants to or
contracts with persons and government agencies for the provision
of necessary or useful goods and services for developmentally
disabled persons. The Ohio developmental disabilities council may
award the grants or enter into the contracts.
(D) The Ohio developmental disabilities council may award
grants to or enter into contracts with a member of the council or
an entity that the member represents if all of the following
apply:
(1) The member serves on the council as a representative of
one of the principal state agencies concerned with services for
persons with developmental disabilities as specified in 42 U.S.C.
6024(b)(3), a representative of a university affiliated program as
defined in 42 U.S.C. 6001(18), or a representative of the legal
rights service created under section 5123.60 of the Revised Code.
(2) The council determines that the member or the entity the
member represents is capable of providing the goods or services
specified under the terms of the grant or contract.
(3) The member has not taken part in any discussion or vote
of the council related to awarding the grant or entering into the
contract, including service as a member of a review panel
established by the council to award grants or enter into contracts
or to make recommendations with regard to awarding grants or
entering into contracts.
(E) A member of the Ohio developmental disabilities council
is not in violation of Chapter 102. or section 2921.42 of the
Revised Code with regard to receiving a grant or entering into a
contract under this section if the requirements of division (D) of
this section have been met.
(F)(1) Notwithstanding division (C) of section 121.22 of the
Revised Code, the requirement for a member's presence in person at
a meeting in order to be part of a quorum or to vote does not
apply if the council holds a meeting by interactive video
conference and all of the following apply:
(a) A primary meeting location that is open and accessible to
the public is established for the meeting of the council;
(b) A clear video and audio connection is established that
enables all meeting participants at the primary meeting location
to witness the participation of each member;
(c) A roll call vote is recorded for each vote taken;
(d) The minutes of the council identify which members
participated by interactive video conference.
(2) Notwithstanding division (C) of section 121.22 of the
Revised Code, the requirement for a member's presence in person at
a meeting in order to be part of a quorum or to vote does not
apply if the council holds a meeting by teleconference and all of
the following apply:
(a) The council has determined its membership does not have
access to and the council cannot provide access to the equipment
needed to conduct interactive video conferencing;
(b) A primary meeting location that is open and accessible to
the public is established for the meeting of the council;
(c) A clear audio connection is established that enables all
meeting participants at the primary meeting location to hear the
participation of each member;
(d) A roll call vote is recorded for each vote taken;
(e) The minutes of the council identify which members
participated by teleconference.
(3) The Ohio developmental disabilities council shall adopt
any rules the council considers necessary to implement this
section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code. At a minimum, the rules shall do all of
the following:
(a) Authorize council members to remotely attend a council
meeting by interactive video conference or teleconference in lieu
of attending the meeting in person;
(b) Establish a minimum number of members required to be
physically present in person at the primary meeting location if
the council conducts a meeting by interactive video conference or
teleconference;
(c) Establish geographic restrictions for participation in
meetings by interactive video conference or teleconference;
(d) Establish a policy for distributing and circulating
necessary documents to council members, the public, and the media
in advance of a meeting at which members are permitted to attend
by interactive video conference or teleconference;
(e) Establish a method for verifying the identity of a member
who remotely attends a meeting by teleconference.
Section 2. That existing section 5123.35 of the Revised Code
is hereby repealed.
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